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Tea party radio ad opposes David’s retention; Shepard gives backing

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Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.

David, who was appointed to the court in 2010, has faced opposition due to his 2011 opinion in Richard L. Barnes v. State of Indiana. David wrote for a 3-2 majority that there was no right to reasonably resist unlawful residential entry by police. The Legislature reacted this year to public outcry, passing SEA 1, which said such a right does exist.

In response to the unusual opposition to a retention vote, David was authorized by the Judicial Qualifications Commission to create a website, www.justicestevendavid.com. Appellate judges typically may not campaign for retention unless they encounter active opposition.

David said in a recent interview with the Indiana Lawyer that, “It’s important to look at a person’s body of work rather than one decision.” He noted taking part in more than 150 Indiana Supreme Court decisions since his appointment, more than 30 of which he wrote.

In the tea party radio ad, an announcer says, “For hundreds of years, your home was your castle. … As a result of Justice Steven David’s opinion, your home is no longer your castle … Is Justice Steven David a judge Hoosiers want on the Indiana Supreme Court?”

The tea party website, www.indianapolisteaparty.com, says the ad is airing statewide. Representatives of Indianapolis Tea Party Corp. did not respond to messages seeking comment.

David recently published an endorsement on his website from former Indiana Chief Justice Randall Shepard, who wrote, “It is good for Indiana that Steve David hears the call of public service, and we should vote to retain him in office with confidence that we’re lucky to have him.”

Shepard also endorsed other appellate judges up for retention as well as the process that placed them on the bench. “Indiana’s system of merit appointment and retention has saved us from the sort of unseemly judicial political campaigns so visible even in the states around us. And it has promoted able people to the bench. The public’s knowledge of this fact has produced higher voter participation and higher voter approval over time,” Shepard wrote.

Also on the statewide retention ballot Tuesday are Justice Robert Rucker and Court of Appeals Judge Nancy Vaidik. Court of Appeals Judge John Baker will appear on ballots in COA District 1, 53 mostly southern and central Indiana counties excluding Delaware, Hamilton, Madison and Marion counties; and COA judges Michael Barnes and Paul Mathias will appear on ballots in District 3, 20 counties in northern Indiana.


 

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  • voters exercise their free speech rights; usual cheerleaders for democracy and free speech frown upon it
    Democracy, democracy, democracy, except when it threatens powers-that-be! If the unwashed masses dare disagree with a law decision abolishing an individual right cherished by free Enlgish and Americans since the Magna Carta, then they are "extremists." Bah!
  • Vote No to Extremisim
    I would say no extremisim should be welcomed. Not from Tea pariers, Move Oners, 99 percenters, or the 47 percenters, NOR any liberalist, conservitivist, libetarianist, greenist, socialist, communist, facist, anarchist, agnostic..ist. No one should be welcomed or have any say or opinion of those in our legal system. U scary!
  • Merit Selection
    Tea Party extremism is not welcome in our Legal System of Justice: RETAIN STEVEN DAVID

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    1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

    2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

    3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

    4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

    5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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